Environment & Energy Committee
Adopted in House Comm. on Apr 22, 2004
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1 | AMENDMENT TO SENATE BILL 2551
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2 | AMENDMENT NO. ______. Amend Senate Bill 2551 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Sections 3.283, 3.284, and 22.23b as follows: | ||||||
6 | (415 ILCS 5/3.283 new)
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7 | Sec. 3.283. Mercury relay. "Mercury relay" means a product | ||||||
8 | or device, containing mercury added during its manufacture, | ||||||
9 | that opens or closes electrical contacts to effect the | ||||||
10 | operation of other devices in the same or another electrical | ||||||
11 | circuit. "Mercury relay" includes, but is not limited to, | ||||||
12 | mercury displacement relays, mercury wetted reed relays, and | ||||||
13 | mercury contact relays. | ||||||
14 | (415 ILCS 5/3.284 new)
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15 | Sec. 3.284. Mercury switch. "Mercury switch" means a | ||||||
16 | product or device, containing mercury added during its | ||||||
17 | manufacture, that opens or closes an electrical circuit or gas | ||||||
18 | valve, including, but not limited to, mercury float switches | ||||||
19 | actuated by rising or falling liquid levels, mercury tilt | ||||||
20 | switches actuated by a change in the switch position, mercury | ||||||
21 | pressure switches actuated by a change in pressure, mercury | ||||||
22 | temperature switches actuated by a change in temperature, and | ||||||
23 | mercury flame sensors. |
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1 | (415 ILCS 5/22.23b new)
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2 | Sec. 22.23b. Mercury and mercury-added products. | ||||||
3 | (a) Beginning July 1, 2005, no person shall purchase or | ||||||
4 | accept, for use in a primary or secondary school classroom, | ||||||
5 | bulk elemental mercury, chemicals containing mercury | ||||||
6 | compounds, or instructional equipment or materials containing | ||||||
7 | mercury added during their manufacture. This subsection (a) | ||||||
8 | does not apply to: (i) other products containing mercury added | ||||||
9 | during their manufacture that are used in schools and (ii) | ||||||
10 | measuring devices used as teaching aids, including, but not | ||||||
11 | limited to, barometers, manometers, and thermometers, if no | ||||||
12 | adequate mercury-free substitute exists. | ||||||
13 | (b) Beginning July 1, 2007, no person shall sell, offer to | ||||||
14 | sell, distribute, or offer to distribute a mercury switch or | ||||||
15 | mercury relay individually or as a product component. For a | ||||||
16 | product that contains one or more mercury switches or mercury | ||||||
17 | relays as a component, this subsection (b) is applicable to | ||||||
18 | each component part or parts and not the entire product. This | ||||||
19 | subsection (b) does not apply to the following: | ||||||
20 | (1) Mercury switches and mercury relays used in medical | ||||||
21 | diagnostic equipment regulated under the federal Food, | ||||||
22 | Drug, and Cosmetic Act. | ||||||
23 | (2) Mercury switches and mercury relays used at | ||||||
24 | electric generating facilities. | ||||||
25 | (3) Mercury switches in thermostats used to sense and | ||||||
26 | control room temperature. | ||||||
27 | (4) Mercury switches and mercury relays required to be | ||||||
28 | used under federal law or federal contract specifications. | ||||||
29 | (5) A mercury switch or mercury relay used to replace a | ||||||
30 | mercury switch or mercury relay that is a component in a | ||||||
31 | larger product in use prior to July 1, 2007, and one of the | ||||||
32 | following applies: | ||||||
33 | (A) The larger product is used in manufacturing; or |
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1 | (B) The mercury switch or mercury relay is | ||||||
2 | integrated and not physically separate from other | ||||||
3 | components of the larger product.
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4 | (c) No later than July 1, 2006, the manufacturer of a | ||||||
5 | mercury switch or mercury relay, or a scientific instrument or | ||||||
6 | piece of instructional equipment containing mercury added | ||||||
7 | during its manufacture, may apply to the Agency for an | ||||||
8 | exemption from the provisions of this Section for one or more | ||||||
9 | specific uses of the switch, relay, instrument, or piece of | ||||||
10 | equipment by filing a written petition with the Agency. The | ||||||
11 | Agency may grant an exemption, with or without conditions, if | ||||||
12 | the manufacturer demonstrates the following: | ||||||
13 | (1) A convenient and widely available system exists for | ||||||
14 | the proper collection, transportation, and processing of | ||||||
15 | the switch, relay, instrument, or piece of equipment at the | ||||||
16 | end of its useful life; and | ||||||
17 | (2) The specific use or uses of the switch, relay, | ||||||
18 | instrument, or piece of equipment provides a net benefit to | ||||||
19 | the environment, public health, or public safety when | ||||||
20 | compared to available nonmercury alternatives. | ||||||
21 | Before approving any exemption under this subsection (c) | ||||||
22 | the Agency must consult with other states to promote | ||||||
23 | consistency in the regulation of products containing mercury | ||||||
24 | added during their manufacture. Exemptions shall be granted for | ||||||
25 | a period of 5 years. The manufacturer may request renewals of | ||||||
26 | the exemption for additional 5-year periods by filing | ||||||
27 | additional written petitions with the Agency. The Agency may | ||||||
28 | renew an exemption if the manufacturer demonstrates that the | ||||||
29 | criteria set forth in paragraphs (1) and (2) of this subsection | ||||||
30 | (c) continue to be satisfied. All petitions for an exemption or | ||||||
31 | exemption renewal shall be submitted on forms prescribed by the | ||||||
32 | Agency. | ||||||
33 | The Agency must adopt rules for processing petitions | ||||||
34 | submitted pursuant to this subsection (c). The rules shall |
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1 | include, but shall not be limited to, provisions allowing for | ||||||
2 | the submission of written public comments on the petitions. | ||||||
3 | (d) No later than January 1, 2005, the Agency must submit | ||||||
4 | to the Governor and the General Assembly a report that includes | ||||||
5 | the following: | ||||||
6 | (1) An evaluation of programs to reduce and recycle | ||||||
7 | mercury from mercury thermostats and mercury vehicle | ||||||
8 | components; and | ||||||
9 | (2) Recommendations for altering the programs to make | ||||||
10 | them more effective. | ||||||
11 | In preparing the report the Agency may seek information | ||||||
12 | from and consult with, businesses, trade associations, | ||||||
13 | environmental organizations, and other government agencies. | ||||||
14 | (e) Mercury switches and mercury relays, and scientific | ||||||
15 | instruments and instructional equipment containing mercury | ||||||
16 | added during their manufacture, are hereby designated as | ||||||
17 | categories of universal waste subject to the streamlined | ||||||
18 | hazardous waste rules set forth in Title 35 of the Illinois | ||||||
19 | Administrative Code, Subtitle G, Chapter I, Subchapter c, Part | ||||||
20 | 733 ("Part 733"). Within 60 days of the effective date of this | ||||||
21 | amendatory Act of the 93rd General Assembly, the Agency shall | ||||||
22 | propose, and within 180 days of receipt of the Agency's | ||||||
23 | proposal the Board shall adopt, rules that reflect this | ||||||
24 | designation and that prescribe procedures and standards for the | ||||||
25 | management of such items as universal waste.
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26 | If the United States Environmental Protection Agency | ||||||
27 | adopts streamlined hazardous waste regulations pertaining to | ||||||
28 | the management of mercury switches or mercury relays, or | ||||||
29 | scientific instruments or instructional equipment containing | ||||||
30 | mercury added during their manufacture, or otherwise exempts | ||||||
31 | such items from regulation as hazardous waste, the Board shall | ||||||
32 | adopt equivalent rules in accordance with Section 7.2 of this | ||||||
33 | Act within 180 days of adoption of the federal regulations. The | ||||||
34 | equivalent Board rules may serve as an alternative to the rules |
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1 | adopted under subsection (1) of this subsection (e).
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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